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DRAFT 4/10/2008 11:30 AM

April __, 2008 DRAFT

VIA E-MAIL and U.S. MAIL

Mr. Greg Cochran, Director

Michigan Dioxin Initiative

Michigan Operations

The Dow Chemical Company

1790 Building, Washington Street

Midland, Michigan 48674

Dear Mr. Cochran:

SUBJECT: 2008 Interim Response Activities (IRA)/Pilot Corrective Action Plans

(PCAP) Notice for the Tittabawassee River and Saginaw River; The Dow

Chemical Company (Dow); MID 000 724 724

The Michigan Department of Environmental Quality (MDEQ) has determined that IRAs

for portions of the Tittabawassee River are necessary in accordance with Conditions

XI.B.9. and XI.G. of the hazardous waste management facility operating license

(License) issued to Dow on June 12, 2003, pursuant to Part 111, Hazardous Waste

Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451,

as amended (Act 451). In some cases these IRAs are a continuation of work that Dow

began implementing in 2007 as IRAs and Comprehensive Environmental Response,

Compensation, and Liability Act (CERCLA) removal actions.

Pursuant to Condition XI.G.1. of the License, Dow is required to submit written IRA Work

Plan(s) to the Chief of the Waste and Hazardous Materials Division (WHMD) for review

and approval within 60 days of this notification. Condition XI.B.9. of the License provides

that the WHMD Chief may require Dow to implement IRAs to prevent, minimize, or

mitigate injury to public health, safety, welfare, or the environment in accordance with

Condition XI.G. of the License at any of the specific off-site area(s) identified in Condition

XI.B.2. of the License (which includes the Tittabawassee River and Saginaw River

sediments and/or floodplain) at any time during the corrective action process where

information indicates that injury has, or may have, resulted directly or indirectly from the

facility. Condition XI.G. of the License requires such activities to conform with or be

substantively equivalent to the IRA provisions of Part 201, Environmental Remediation,

of Act 451, and Conditions XI.G.1. - XI.G.7. of the License.

Consistent with discussions held between Dow and the MDEQ in 2007, and most

recently on March 25, 2008, the MDEQ supports the implementation of certain IRAs,

once approved, as PCAPs. If successful, the information obtained from implementation

of these PCAPs may be used to address areas that require IRAs and/or possibly final

corrective actions in other portions of the Tittabawassee River and Saginaw River. Mr.

Greg Cochran 2 April __, 2008 DRAFT


Specific IRAs/PCAPs Required by this Notification

At this time, the MDEQ has determined that the following IRAs are necessary for the

Tittabawassee River and Saginaw River:

Reach D

1. Dow recently notified the U.S. Environmental Protection Agency (U.S. EPA) and the

MDEQ that the performance-based work required by the July 2007, CERCLA

Removal Order was complete and that Dow would begin restoration activities at

Reach D beginning in April 2008. During the March 25, 2008, meeting between Dow

and the MDEQ, Dow was notified by the MDEQ that additional corrective action work

would be necessary at the Reach D area because elevated levels of dioxins and

furans continue to be present in the Reach D area. In addition, other contaminants of

concern, such as chlorobenzenes and hexachlorobutadiene, which were not

specifically addressed by the CERCLA removal action, remain at levels that require

further interim response work. Dow and the MDEQ agreed to a follow-up meeting

with the U.S. EPA to further discuss these issues; that meeting took place on April 3,

2008. During the meeting on April 3, 2008, the MDEQ, Dow, and the U.S. EPA

agreed that in order to close out work under the CERCLA Removal Order, Dow

would complete a number of “micro removals” to address high levels of residual

dioxin contamination followed by verification sampling in these areas. As agreed at

this meeting, the verification sampling is to include analysis for dioxin and furans as

well as: (a) the list of other contaminants of concern and (b) detailed descriptions of

the sampled media to distinguish resuspended sediments versus bottom sediments.

This would complete work required under the CERCLA Removal Order and

remaining work on elevated levels of dioxins and other contaminants of concern

would be conducted under an IRA Work Plan approved by the MDEQ. This work is

also to include additional delineation of contamination in the Reach D area and

probable additional sediment removal and/or capping and maintenance and

monitoring. Although not discussed during the meeting on April 3, 2008, it may

appropriate to evaluate this area as a candidate for the design and operation of a

sediment trap, depending on the results of the additional characterization work and

the nature of the remaining contaminants.

Ex. 5 - Deliberative Process Privilege

2. Tittabawassee Bank Stabilization Interim Response Activity/Pilot Corrective Action

Plan Large areas of bank erosion are present along the Tittabawassee River. In

many cases these eroding areas are highly contaminated with dioxins and furans.

Consistent with the U.S. EPA’s December 2005 Contaminated Sediment Guidance

Document and in follow-up to the MDEQ’s 2007 requirement to conduct IRAs on

eroding banks in the upper six miles of the Tittabawassee River Study Area, the

MDEQ is now requiring Dow to prioritize and propose three areas where bank
stabilization will be implemented in 2008. In addition to controlling active sources of

contamination early, the goal of these projects would be to evaluate the effectiveness

of bank stabilization technologies for further use along the Tittabawassee River.

Monitoring before and after bank stabilization will be necessary for this evaluation.

Ex. 5 - Deliberative Process Privilege

Mr. Greg Cochran 3 April __, 2008 DRAFT


As previously discussed with Dow, the MDEQ and the Natural Resource Damage

Assessment (NRDA) Trustees believe that it is important to evaluate technologies that

have a “soft footprint” and are less intrusive than the CERCLA removal action proposed

and implemented by Dow on Reach J/K. The MDEQ has identified several areas that are

of high concern along the upper and middle Tittabawassee River, and we would like to

discuss these areas with Dow in light of the data that was submitted on March 1, 2008

(2007 Tittabawassee River Characterization Report), and April 1, 2008 (River Bank

Stabilization Pilot Corrective Action Project Report for the Tittabawassee River). The

MDEQ considers this work to be a very high priority. Without controls to stabilize or

remove active eroding bank sources, any other areas in the river channel or on the

floodplain that have had remedial actions completed are at risk of becoming

recontaminated.

Ex. 5 - Deliberative Process Privilege


3. Saginaw River Sediment Trap Pilot Ongoing studies that have been conducted under

the Alternative Dispute Resolution/NRDA process have demonstrated the merits of

designing and proceeding with a pilot sediment trap on the Saginaw River. The

February 1, 2008, Saginaw River and Bay Scope of Work (SRB SOW) Approval with

Modifications requires Dow to begin removing sediments from the Saginaw River as

an IRA. Consistent with the SRB SOW Approval with Modifications, Dow is required

to develop and submit a work plan to begin removing sediments from the Sixth Street

Turning Basin Area as an IRA.

Ex. 5 - Deliberative Process Privilege


4. Tittabawassee In-Channel Deposits During the implementation of the sampling plans

to characterize contaminated sediments in the Tittabawassee River during 2006 and

2007, Dow identified a number of areas where high levels of contamination are

present in river sediments. Dow is required to evaluate and remove, cap, or

otherwise stabilize, where necessary, any areas in the Tittabawassee River where

sediment concentrations in the upper one foot the of sediment profile exceed 10,000

parts per trillion (ppt) TEQ. Where sediment concentrations are greater than 10,000

ppt at the sediment surface, as an interim response, Dow is required to propose

removal or capping of these areas. In the cases of the Reach L and Reach J/K

deposits, Dow has indicated that these deposits are stable in the short term and are

unlikely to be remobilized by routine river events, and Dow has not proposed

removal or stabilization of these deposits as IRAs. The MDEQ has identified several

technical concerns with Dow’s evaluation and as an IRA is now requiring Dow to

develop and submit additional data to confirm the short-term stability of these

deposits and to provide additional empirical data on the behavior of these types of

deposits in the Tittabawassee River system. Dow is required to collect this

information early in the 2008 field season in order to determine if it will be necessary

to remove or otherwise stabilize one or both of these high concentration deposits in

advance of the implementation of a final remedy. Note that the surficial

concentrations in excess of 10,000 ppt TEQ that were identified at Reach J/K need

to be removed or capped as noted above as an IRA. Any removal and/or stabilization

of these deposits will need to be sequenced with the removal and/or stabilization of

upstream in-channel and eroding bank deposits to prevent recontamination of these

areas after response activities have been completed.

Ex. 5 - Deliberative Process Privilege

Mr. Greg Cochran 4 April __, 2008 DRAFT


The following additional information is needed in order to evaluate Dow’s conclusion that

the Reach L and Reach J/K deposits are stable in the short term:

· Characterization of the deposits for other potential constituents of interest (PCOIs).

Samples of the high TEQ material and the “cap” material need to be evaluated

for the other Dow-related PCOIs. Note that the diffusion modeling conducted in

the Dow analysis is likely to be more appropriate for the nondioxin PCOIs.

· Bedload and suspended load sampling conducted on, and adjacent to, upstream

and downstream of the Reach L and Reach J/K deposits.

· Repetition of high resolution bathymetry in late spring of 2008 so that the geometry

of the deposit and adjacent thalweg can be compared to 2007 conditions.

· In-channel measurements to evaluate the stability and movement of the deposit

(i.e., scour chains and elevation surveys of the top of sediment) over the spring

and summer.

· Additional information on the modeling that was conducted to evaluate the potential

for scour:

- Does the modeling take into account the upstream bridge structures at

Gordonville Road for the upper Reach L deposit?

- What were the results of the model for the 7-10 year flood event and

typical/non-flood flow conditions (especially given the presence of the

upstream constricting bridge structures)?

- What would be the effect of ice damming and/or ice scour on the upper Reach

L deposit, especially given the proximity of the Gordonville Road bridge

structure?

Ex. 5 - Deliberative Process Privilege

The above information will also be useful in the future evaluation of in-channel deposits

and for the Tittabawassee River Remedial Investigation Work Plan.

Ex. 5 - Deliberative Process Privilege


Ex. 5 - Deliberative Process Privilege

5. Continued Signage and Advisory Outreach on the Tittabawassee River and Saginaw

River

The escrow account that Dow funded to address the placement of advisory signage

along the Tittabawassee River has been exhausted. The posting of additional signs and

the replacement and maintenance of the original signs on the Tittabawassee River and

Saginaw River needs to continue to be addressed as an IRA to advise the public to limit

their exposure to contaminated fish, wild game, and soils.

In addition, since the MDEQ’s supply of the informational pamphlets that were produced

as part of the Communications IRA for use in public outreach activities is nearly

depleted, Dow needs to provide additional copies of these pamphlets to the MDEQ. Mr.

Greg Cochran 5 April __, 2008 DRAFT


Therefore, as a continuation of the Communications IRA, Dow is required to refresh the

escrow account so that sign placement and maintenance can continue. Dow is also

required to provide 1000 copies each of the Health Questions - Dioxins and Furans and

Reducing Exposure at Homes informational pamphlets and 300 copies of the Reducing

Exposure from Agricultural Activities informational pamphlets to the MDEQ for continued

public outreach activities.

6. Work Plan to Address the Disturbance and Management of Soils in Areas with

Potential Dioxin/Furan Contamination and Provision of Extent of Contaminated

Floodplain Notification to Miss Dig

Based upon the dioxin and furan investigation results to date that show the portions of

the Tittabawassee River floodplain that are contaminated with greater than 1,000 ppt

TEQ dioxins and furans, Dow is required submit the “Appendix C - Work Plan to Address

the Disturbance and Management of Soils in Areas with Potential Dioxin/Furan

Contamination” portion of the Communications IRA Work Plan that was deferred for later

review and approval at the time the Communications IRA Work Plan was approved in

October 2004. In particular, as part of this IRA, Dow is to provide a notification to the

Miss Dig system of the areas where safety and soil handling precautions should be

taken by utility workers, residents, etc. for any construction activities in these areas. The

MDEQ can provide Dow with a copy of the previous working draft of the Appendix C

language.

In conjunction with this IRA, the MDEQ also requires Dow to submit a work plan for

working with the MDEQ to develop and print the informational pamphlet, Management of

Disturbed Soils and Dredged Sediments, required in Section 2.2, Informational Materials

to be Developed, of the February 2004 Communications IRA Work Plan that was

approved with modifications by the MDEQ on October 7, 2004.

Areas Where Follow-up IRAs are Likely to be Necessary in the Near Future

7. Follow-up on Exposure Unit Sampling Areas

The MDEQ, in coordination with U.S. EPA and the Michigan Department of Community

Health (MDCH), is conducting an independent assessment of certain areas along the

Tittabawassee River where the MDEQ has determined that there is high potential for

human exposure to dioxins and furans at levels that may require additional IRAs beyond

those implemented by Dow in 2005 and 2006. Following the review of sampling results

and data interpretation for sampling that is currently being conducted at the Riverside

Boulevard Area and the West Michigan Park Area, the MDEQ, in consultation with the

U.S. EPA, MDCH, and the Agency for Toxic Substances and Disease Registry, will

determine what additional actions, if any, need to be initiated as IRAs.

Although the MDEQ is not requiring additional IRAs in these areas at this time, it is quite

possible, based on initial chemical characterization information, that IRAs beyond those

completed in 2005 and 2006 by Dow, will be required in the near future.

Schedule

As noted above, Condition XI.G.1. of the License requires Dow to submit a written IRA

Work Plan to the Chief of the WHMD for review and approval within 60 days after the

licensee receives written notification by the WHMD Chief that IRAs are necessary.

Accordingly, the Mr. Greg Cochran 6 April __, 2008 DRAFT


IRA/PCAP Work Plan for Reach L must be submitted to this office by June __, 2008. In

the meantime, the MDEQ remains available to meet with Dow to discuss the specific

technical requirements of these IRAs.

Please contact Mr. Al Taylor, Hazardous Waste Section, WHMD, at 517-335-4799 or

taylora@michigan.gov, to schedule a follow-up meeting or if you have any questions

regarding this notification.

Sincerely,

George W. Bruchmann, Chief

Waste and Hazardous Materials Division

517-373-9523

cc: Mr. Ben Baker, Dow

Mr. David Gustafson, Dow

Mr. Philip Simon, ATS

Mr. Peter Simon, ATS

Mr. Ralph Dollhopf, U.S. EPA, Region 5

Mr. Greg Rudloff, U.S. EPA, Region 5

Mr. Jim Sygo, Deputy Director, MDEQ

Ms. De Montgomery, MDEQ

Mr. Steve Buda, MDEQ

Ms. Cheryl Howe, MDEQ

Dr. Deb MacKenzie-Taylor, MDEQ

Mr. Al Taylor, MDEQ

Mr. Terry Walkington/Ms. Trisha Peters, MDEQ

Off-Site Correction Action File

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